The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-10-29
SEARCHING SPIES OFFICE.

cited at some length the circumstances OF
the bomb throwing in the Haymarket; the
search of the .Arbeiter Zeitung Office, the
prying open of Spies desk, the finding of
dynamite and letters there, the breaking
open of Lingg's domicile, and the finding in
his trunk of dynamite bombs precisely like
the one thrown.
Mr.. Grinnell was interrupted at this point
by Gen. Butler, who said he should want
to crossexamine him if it was competent
for him to do So
Mr.. Grinnell-You shall have that privi-
lege, General
Mr.. Grinnell, resuming, said that such
seizure was not thing which this court
could regulate 1t had said in the Kerr
kidnapping case that it was not for the
court to determine how he (the prisoner) got
there. The court simply said "XOu are
here" The things seized in the search Of
these prisoners premises ''were there and
it was not for the court to determine wheth-
er they were legally there. The only question
was ARE these things testimony" and that
was not an inquiry for this court For
gerry, murder and other crimes had to be
proved Mr. Grinnell said, by such evil
dence. "The pistol found in the he=4i of
the assassin Guiteau was forcibly taken
from him and his papers, if | remember
rightly, were overhauled. They We're there
that is in COURT and it was nobOdy's bust
ness how they got there. That the search
and seizure in this case, were
exceptionable search and seizure from
the point of view of the defendants | have
no doubt" In conclusion Mr. Grinnell said:
ut strikes me from cur standpoint that the
foundation of the constitution is less likely
to be impaired by refusing to grant this
writ than by granting it,"
GEN. BUTLER BEGINS.
+ba oOnoIueio,, of NJ. CtripOaIl;c a,.o,1
ment, which had occupied less than half the
time to which he was entitled, Gen. Butler
rose and said that the introduction of all
this new matter referring to Mr.. Grinnells
recital of the circumstances and results of
searches and seizures) which was not in the
brief of the counsel, and which he had not
seen anywhere in print, would compel him
to ask for more time than had been allotted
to him; that this eXtraneOus matter must
be popular with the court, or its introduc-
tion would not be permitted.
The Chief Ju.t tice remarked that the court
could not know whether these matters were
in the record or not but as they were stated
by the States Attorney, the court must as
sumo that they We're.
Gen Butler said that he had not examined
the whole 5000 pages, but he knew and
could demonstrate that some portion of this
eXtraneous matter was very different from
what appeared in the record and he must ask
for more time to speak with reference to
matters of which he had not before
heard. He and his associates had been
taken by surprise and the lives of their eli
ents had thus been put in jeopardy.
Mr.. Grinnel, interrupting, said that he
understood the counsel on the other side to
make complaint TO the court that there was
indication of unreasonable search and
seizure. Their printed brief showed that a
great many things had been seized and he
GrinnelD had simply added that other
words" said Mr. Grinnell, tive admit
seizures and we admit more seizures"
THE POINTS OF CONTENTION.
Gen Butler said that ne would state the
points of contention, and if he stated them
wrongly he wanted to be corrected by any
g entleman who did not advocate the right
to steal men or steal their papers. After
describing what happened previous to the
Haymarket meeting, he said: SAT that
meeting a bomb was thrown by
somebody for some purpose, and
there is not one word in these
5000 pages of evidence to show that any one
of these men had anything to do with
throwing that bomb. There were but two
of these men within miles of that meeting,
and one hid his wife and two little children
in the very place, almost, where that bomb
was lighted. Its explosion killed a single
policeman, and within a few days all of
these men were arrested without warrant
committed to Jail and held there without
examination and without process until they
were indicted by the grand jury, and to de-
scribe a simple crime, if crime it was, the
States Attorney had to draw an
Indictment of sixty-nine counts. Dur
ing the trial the judge allowed questions
to be asked with regard to conspiracy al
though in all the siXty-nine counts of the
indictment there was no conspiracy alleged.
He said that he was ready to pledge himself
that there was not a single man of the jury
selected who had not said that he had a firm
and some of them an enthusiastic-convic-
tion, opinion and prejudice against the de-
PENDANTS" After great deal of rambling
talk about the composition of the Jury,
dissatisfaction with the record, lack of time
for preparation, the sentencing of the
prisoners in their absence, and that of their
counsel, the injustice done them by
unreasonable search and seizure" etc,
Gen. Butler said that if all these things
could be done, 'the question was to be de
bated whether this government would not
be a little better if 70 were overturned into
anarchy than if it were to be carried on in
this fashion.
81 have no fear,n he said, ''of being mis-
understood on this question. have the in
Individuality of being the only man in the
United States that condemned and executed
men for undertaking to overturn the law
There were thousands of them, and for
that act, please your honors, a price was
set on my head as though l was a wolf, and
$25, 900 was offered to any man who could
capture me to murder me, by jefferson
Davis and his associates, and who, if they
were at the bar trying to ascertain whether
they should have an honest and fair trial
for their great crimes, and they called upon
neither lives in danger-I should hold it
to be my duty to stand here and do all that
/ might to defend them. That is the chiv-
airy OF the law, if | understand it, and if
don't it is not of much consequence, for l
am quite easily and quickly passing away"
PRIVILEGES AND IMSiUNITIEs.
After some further talk Gen. Butler said
he agreed fully that the first ten amend
ments of the constitution were limitations
Of Federal power and not restrictions of the
rights of States. The privileges and inn
munities, however, claimed by these prison
ers were privileges inherent in each of the
citizens OF the several States of the United
States. because in a vast majority were
British subjects and had certain privileges
and immunities inherited under the common
and most thoroughly known and defined,
were trial by jury for all high crimes, ex-
emption from search and seizure
without warrant of the law, protection
from self-accusation when a witness. and
not to be deprived of life, liberty or prop
erty without due process of law. We claim
-, II -.